new jersey. poppy harlow, thank you for joining me today. i'm carol costello. "cnn newsroom" starts right now. >> thank you very much, carol. i'm ashlee banfield reporting live to you. he has nothing to lose and potentially everything to gain. four years, four years into a 33-year sentence for robbery, assault and kidnapping, o.j. simpson is appearing again in a vegas courtroom. he wants a brand-new trial on the grounds that his lead lawyer, the last time round he was in that courtroom, was lousy in his estimation. my colleague paul vercammen is watching this in las vegas. paul, lay out the core issues of why o.j. thinks he got a raw deal. >> reporter: among other things, o.j.'s new legal team is saying, one, he was not informed of the possibility of a plea deal.

two, they say yale galantra had a huge conflict of interest and other things they are delving into also talking about alcohol may have clouded o.j. simpson's judgment. let's see what he looked like as he entered the courtroom yesterday. heavier and grayer disgraced football legend o.j. simpson slowly stepped into a las vegas courtroom after 4 1/2 years in prison for kidnapping and assault and armed robbery. the new simps legal team presenting 19 claims they say he was so poorly represented in the 2008 kidnap trial that he should get a new trial. new lead attorney patricia paum argues simpson was never told about an offered plea deal and should have taken the witness stand. gabe grassoo told the court on monday he wanted simpson to testify then. >> o.j. is a very eloquent

person and -- and he can explain himself very as well and so i thought he would be a great witness. >> reporter: simpson's lawyers also tried to show the former heisman trophy winner had been drinking alcohol which impaired him from seeing his cohorts carry guns into the confrontation. the new simpson team knew that galantra knew about the plans to get back some of those memorabilia. o.j. simpson' trial took the stand. >> was your dad drinking alcohol that evening? >> yes. >> do you recall overhearing any conversation about your dad's plan to go look at his property the next day? >> yes. >> and who did you hear talking about that? >> simpson is waiting to testify in this hearing. >> this will be his first time to be able to tell what happened and, you know, instead of hearing it in bits and pieces and you have to remember, the evidence in this case was

extremely conflicting from all of the witnesses. >> simpson may take the stand as soon as wednesday. and as simpson was in court yesterday, he sometimes would nod slightly in agreement as hi lawyers pounded away at the various witnesses, ashlee. >> i think a lot of people are quite interested if o.j. takes the stand given the fact he did not do so in his criminal trial. do we expect it to be a lengthy process? one or two questions and out you go or do they really want him to have his moment? >> reporter: it's a combination of all. heard grasso his former counsel say he thought o.j. was eloquent and could sort out the strange goings on what was going on in that room with the botched raid. o.j. may testify a day and a half to two days and his new legal team will put him up and you can expect a blistering

cross-examination of o.j. simpson after he takes the stand. >> what about the attorney at the center of all of this, gabriel grasso. i knew him personally. will he take the stand as well in his own defense? >> well, it's interesting. first i think you meant so say -- >> i i beg your pardon. i apologize. it's yale gallanter. >> you need a score card for this. i'll use a simple analogy. like tag team wrestling. yale was o.j.'s long time ally and lawyer and he hired gabe to be his man on the ground in las vegas and there was simpson. grasso testifying now. he is testifying for simpson. gallantra will come up later and be with a prosecution witness and at the heart of this these accusations that yale messed up

o.j.'s case. gallantra is at the center of this. two star witnesses are o.j. and gallantre. >> i know gabe grasso as well. he is expected to continue to take the stand today. those two were friends as well. have we seen them together anywhere around that courthouse? have they spoken or had had eye contact? >> you are saying grasso and gallantre. i think they had a fouling out. grasso thought o.j. should testify and brought up the deal about the plea deal and at play here is a suggestion that gallanter may have known beforehand that o.j. was planning this confrontation to get the memorabilia back. a lot of lawyers will take the stand today and they are laying the groundwork for this.

>> now it's an early start out there for you in vegas, paul. jean the fact that gabe grasso got on the stand and talked about what he was displeased with in terms of his co-counsel. o.j. simpson' attorney at the time of that trial has to be powerful in all of this. >> it is very powerful. i want to start out by saying i was one of the attorneys on the civil case against o.j. simpson. so that we understand that. but in any event it's very unusual. the only time a lawyer gets on the stand to testify in a case involving a client is when the client is attacking the lawyer and claiming, you know, that he wasn't told something that he should have been told and where all of the attorneys are testifying in this case. very unusual.

usually the attorney-client privilege prevents lawyers from testifying in a procedure involving their clients. >> we should also point out a couple of other things, that the jury ordered simpson back then to pay $35 million. i think with interest. that's a whole lot more. i'm not going to ask you to to do the math but, paul, a lot more now? >> yes. the $35 million verdict awarded against him when the civil jury found him guilty essentially of the murders that he had been acquitted on in the criminal trial and most has never been collect because o.j. says he has no money and it's protected in bankruptcy and proceedings. >> let me outline quickly here what o.j. simpson is claiming his boss -- or his lawyer did not do for him. he says he was never told of the plea offer from the prosecutors. he said that his lawyer wouldn't put him on the stand and let him testify. he said his lawyer didn't hire the requisite experts to look over the secret recordings made

in that hotel room during the crime. he also told them -- o.j. claims has his lawyer told him he could legally take back his own stuff and go in that hotel room to get his stuff as long as he didn't trespass or use force. jean, i said boss. is the lawyer the boss? is the client the boss when it comes down who says what in an open court? >> a judge is going to determine all of that but here is what is amazing. this is a fascinating hearing and as you know we don't have this every day. i remember when this case broke and we heard together that o.j. simpson had been arrested in las vegas. who did i call? i immediately called yale. you want a statement from the attorney. i asked him where are you? he said i'm in las vegas. i was very surprised because that's where this all just happened and i think there is two layers to all of this. there the ineffective shi

assistance. we know how much did he know? i covered the entire trial. we know that it came out in trial testimony that o.j. talked to yale back in august of that year about doing this and yale said you know what? it may have been referred to as attorneys in the trial testimony. you don't want to do it in california because there's a judgment by the goldman family and you don't want to do it there. you'd want to do it someplace el else. we know through testimony of arnelle simpson yesterday the night before it happened o.j. and yale were part of that dinner party along with arnelle that it was discussed and something would happen the next day. >> jean, this is critical. if there is evidence of these kinds of conversations, this is critical. the detail. how specific was the conversation? can i go and get my stuff, or can i go to x, y, z hotel room and push these guys into giving

it back to me? does it matter how specific? >> yes. yes, it does. because it could have been good legal counsel. you do not want to trespass. you don't want to cause any type of violence whatsoever. you want to talk about this ahead of time. if you believe it's your items, you go in and you get permission to come in and look at them. see what the conversation entailed and could there be discrepancies in the conversations. >> you know, gallanter said he didn't have this conversation with simpson before the robbery. he said the conversation took place after the robbery. what is really interesting about this whole thing is simpson had an appeal all the way to the nevada supreme court and they upheld his conviction. why all of these years later do they let him reopen it? only one time they let that happen when is there a claim the lawyer lied and the lawyer gave bad advice and the client didn't know about it and gallanter was in the appeal.

very habeas corpus proceeding. >> that is fascinating information. jean i think you bring up a critical point and i'm glad you reminded many of us there was so much material and i'm glad you reminded us of that particular conversation you did. guys, we are not done with this one. stick around. i think we got more reporting throughout the day. thank you both for that. jean is in phoenix for the jodi arias trial which is set to get back under way. the sentencing face is expected to start again tomorrow. today we know jodi arias is no longer under the protocol for suicide. she may be sent to death row by the same jury that convicted her of first-degree murder last week. i'm going to head back to phoenix as well to report on this aggravation and penalty phase of the sentencing hearings and all of that until we actually have a sentence from this jury. that is if we do get one. there is always the possibility of a hung jury, believe it or

not and more juries and brand-new juries in phoenix. the amazing story behind angelina jolie and a stunning announcement she has had a double mastectomy. it's coming up straight ahead. and do you know your... blood type? a or b positive?? have you eaten today? i had some lebanese food for lunch. i love the lebanese. i... i'm not sure. enough of the formalities... lets get started shall we? jimmy how happy are folks who save hundreds of dollars switching to geico? happier than dracula volunteering at a blood drive. we have cookies... get happy. get geico. fifteen minutes could save you fifteen percent or more.

and i have a massive heart attack right in my driveway. the doctor put me on a bayer aspirin regimen. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. go talk to your doctor. you're not indestructible anymore. it's easy to follow the progress you're making toward all your financial goals. a quick glance, and you can see if you're on track. when the conversation turns to knowing where you stand, turn to us. wells fargo advisors.

where you stand, turn to us. so you can capture your receipts, ink for all business purchases. and manage them online with jot, the latest app from ink. so you can spend less time doing paperwork. and more time doing paperwork. ink from chase. so you can. as part of a heart healthy diet. that's true. ...but you still have to go to the gym. ♪ the one and only, cheerios ...and we inspected his brakes for free. -free is good. -free is very good. [ male announcer ] now get 50% off brake pads and shoes at meineke.

actress angelina jolie announced today she had a double mastectomy as a preventive measure. in a candid article for "the new york times" an op-ed actually, the actress says she carries the gene mutation that is linked to a higher risk for breast and owe vafian cancer. her mother actually died of ovarian cancer back in 2007 and jolie said she didn't want her kids to worry about losing her. senior medical correspondent elizabeth cohen joins me live now. a great story for other women out while this is a preventive surgery would says it seems extremely drastic. is this the kind of surgery for everyone who may be in that same category?

>> ashlee, it's not that drastic. she had a gene that meant she would have an 87% chance of getting breast cancer at some point in her life. that is a really, really high risk. most women choose to remove both of their breasts. a study done doctors were asked if you had this gene mutation what would you do and more than half of them said they would have their breasts removed. as you mentioned, it's not the only option. some women who carry this faulty gene say i want to keep my breasts. i don't want to get rid of them because maybe i won't get breast cancer so those women might have mris and mammograms on a frequent basis and start very young. they might also take drugs tamoxifen that can decrease their chances of getting breast cancer. what she isn't the only option but i will say the surest option. she is not 100% guaranteed but her chances are very low. >> the gene we are talking about is a specific gene. i'm told it's like finding a

grain of sand in the size of empire state building. brac 1 and brac 2. can you explain what those are? >> we have have them. everyone has brac genes. when you have a faulty version. let's say the gene is a word. the faulty version is the word with a misspelling. so instead of dg it's dop or whatever. that misspelling will cause the gene to go awry and cause a process where breast cancer will be more common. different people have different m misspellings. you don't want a misspelling. the gene looks for misspelling and which misspelling it is. >> when she tested positive for the breast cancer gene mutation, she actually had this test done by a company more than likely called myriad genetics. it's the only company.

>> the only game in town. >> right. that is because they hold the patent on the breast cancer gene. whether it's legal to have that kind of patent is currently debated by the u.s. supreme court and they are going to hand down that decision more than likely this summer. the question i think a lot of people would have is you can't patent my finger. it's a body part. aren't those two genes just microscopic body parts and how could myriad patent them? >> what is the alcu and others have argued how can you patent something that occurs in nature? myriad said we extracted it and we made it something different than what it is in nature and the other side says that is crazy. it's just a gene. it's a nature. you might have found it or other people might have found it but the reality is that it's something natural. you can't patent wood, for example. you can patent a baseball bat because you've taken wood and you formed it into a particular shape. but many people are really over the years i've interviewed so

many doctors and genetic counselors and patients are outraged they pattented this. they are the only game in town and makes it expensive and no one else can do research on it because they own it. these folks say they really held up development of a cure or better treatments for breast cancer because no one else can do research on this gene. >> lisa bloom joins me now with avo.com, a legal analyst. usually i ask you to come down one way and give me your analysis of a case. i'm going to ask you to come down with two hats here. this company spent a lot of money to do that effectively find a grain of sand in the empire state building. there is a pro and con to getting that patent. can you explain what those two are? let's start with pro. the whole idea of patents if companies spend a lot of money, as you say, and develop something new, that is beneficial, they should be

rewarded for that by being given a patent. so that they don't spend all that time and effort doing something that then is just readily distributed to everybody else who can just copy it. that is the argument on behalf of the company. as we get further and further along with genetic testing and tinkering with nature we will see more of these cases. the argument on the other side we don't want one company to have a monopoly over something that occurs in nature and that is gene testing. you talk about angelina jolie. thank goodness for her she had the means to pay thousands of dollars to have this gene testing done. most people can't do that. angelina jolie said she did this because she's a mother and she wants her children to have her around for a long time. every mother feels that way. shouldn't this test be available to every mother at a price that people can afford it, that insurance will pay for? the argument on the other side is it reduces access to medical care and makes it more difficult for consumers to have access to information. it reduces research available

because only one company has a monopoly over it. >> yeah. but you don't want to scare off the financial incentive for oin i innovation or theveinventers fo getting into the lab. thank you both for making a complex argument rather clear. call this a clash of the titans. it's over freedom of the press. i have here a tiny copy of the constitution ten a turns out there might be an infraction here. the feds secretly seized phone records of reporters of the associated press. there is heated reaction from the a.p. and what the justice department is saying as well is all comg coming up next. ck-ups. ♪ wireless is limitless. acomg coming up next. comg comin. . ♪

(train horn) vo: wherever our trains go, the economy comes to life. norfolk southern. one line, infinite possibilities. work the camera... work it! those hands. oooh la la! what's your secret? dawn? [ female announcer ] dawn hand renewal with olay beauty improves the look and feel of hands in 5 uses. love it, or get double your money back. made a retirement plan, they considered all her assets, even those held elsewhere, giving her the confidence to pursue all her goals. when you want a financial advisor who sees the whole picture, turn to us. wells fargo advisors. [ female announcer ] from meeting customer needs... to meeting patient needs... ♪ wireless is limitless.

critics say it is the latest aggressive attempt by the obama administration to crack down on leaks of classified information. associated press is reporting that the justice department secretly seized two months worth of phone records of its reporters and its editors. in response the a.p. president

and the ceo gary pruitt sent a blistering letter to the attorney general eric holder saying the news organization regards this as a serious interference interference with ap's constitutional rights to gather and disclose the news. another krovcontroversy one thas targeted conservative groups that were seeking tax-emxempt status. saying the irs seized records of phone lines assigned to the associated press and journalists and apparently happened in may and april of last year. joining me is joe johns and paul calan. joe, for starters what is the justice department saying about this revelation and while you're at it, how does the a.p. know that this happened? >> the a.p. apparently knows how it happened because ronald

macham the united states attorney for washington, d.c. wrote them a legal essentially telling them, look, we subpoenaed this information and now you know. his office is not -- right, his office is not saying a lot other than this statement they put out yesterday through his spokesman bill miller. we take seriously our obligations to follow all laws, federal regulations, department of justice policies when issuing phone records of media organizations and those regulations require to make every reasonable effort to obtain information through alternative means before subpoenaing of phone records from the members of the service. that's it. you ask other questions and they say no comment. clearly something under investigation and talking to one united states attorney on the phone, a former united states attorney on the phone a few minutes ago, he said i have never, ever, ever heard of such a subpoena being issued to a

news media organization without advanced notice. in other words, giving them an opportunity to go and try to quash it. it's an interesting situation here in washington, d.c. >> highly unusual. i thought i would bring with me my trusty and nerd like copy of the constitution. it says congress shall make no law and skip over a few words bridging the freedom of speech off the press. isn't the a.p., paul, saying this is a constitutional infraction and if it's not, why not? >> if that is what we are saying, they are wrong. believe it or not, as a matter of fact as you read that it says congress shall make law abridging freedom of speech or the exercise of a free press. essentially the justice department is saying, hey, we are not saying you can't publish your newspaper. we're irk a subpoena for your telephone records and, by the way, through the history of the united states, the courts have been totally unsympathetic to the press. the press is treated just like

everybody else in america, subject to subpoena, and subject to search warrants. >> you're saying people listening in and taking your records is free? >> well, no. it's not -- well, it comes at a price. >> gotcha. >> it comes at a price but it's not speech and i think that is what the argument would be. the other that is really unusual here normally, when a subpoena is issued, the person being subpoenaed knows about it and goes out and hires a lawyer and they go into court and they say we want to quash this subpoena. other ways to get the information. that's how the press usually fights the government in criminal cases when they get subpoenaed. this is a secret subpoena issued in a secret proceeding pursuant to various provisions of the patriot act and other acts post 9/11. now we are seeing how the press is going to be effectafter the accident and other courts upholding secret subpoenas is the real constitutional issue here. >> we have a whole hour that we could do this and just scratch the surface. more to come on this. joe johns, thank you for your

reporting and paul callan, thank you for your insight. we want to go to the trayvon ma martin murder trial. the prosecution is doing everything in its power to stop bad stuff about that 17-year-old victim to make it into a public proceeding. what they think the jury should and maybe, more importantly, should not be privy to hearing. that's coming up next. auto insu is often handed down from generation to generation. because it offers a superior level of protection and because usaa's commitment to serve military members, veterans, and their families is without equal. begin your legacy, get an auto insurance quote. usaa. we know what it means to serve. glass on floors. daily chores. for the little mishaps you feel use neosporin to help you heal. it kills germs so you heal four days faster. neosporin. use with band-aid brand bandages.

neosporin. when ouwe got a subaru.s born, it's where she said her first word. (little girl) no! saw her first day of school. (little girl) bye bye! made a best friend forever. the back seat of my subaru is where she grew up. what? (announcer) designed for your most precious cargo. (girl) what? (announcer) the all-new subaru forester. love. it's what makes a subaru, a subaru. tide vivid y el boost. traducele. she only uses tide vivid detergent plus boost for her whites. y me deja los blancos viendose como nuevos, lavado tras lavado. that part's true. ese es mi tide, cual es el tuyo?

potential jurors are being called to duty in the trayvon martin murder case. george zimmerman set to go on trial next month in that very high profile trial' the last minute motions are eflying. they are trying to make the 17-year-old victim look as bad as possible and kind of the standard operating procedure possess a defense case.

the prosecutors want to stop it from happening. here is what the prosecutors donts want that jury to hear. number one, that the toxicology report indicated that trayvon had previously used marijuana. they say there is no evidence that he was under the influence during that incident that evening. number two, that trayvon's words or actions, whether true or not, regarding his school discipline records be public. number three, whether or not he was ever in a fight. and, number four, that he had or allegedly wore false gold teeth. finally, anything had in his social media accounts or his text messages on or before february 26th, 2012. just part of several new motions that are outlining what the prosecutors think the jury should or should not be able to hear. i want to back to paul callan and danny sevilis.

this ubiquitous motion comes up in court and that is prejudicial versus problativeprobative? >> why can't they bring out the trayvon martin had bad things in his past? i don't know what bad things they are going to say he did be, but that is what they are trying to prove to say, he's a bad guy and he assaulted zimmerman. it's not allowed because the law says self-defense is what you perceived and saw that night. obviously, zimmerman didn't know anything about trayvon martin's past. the only relevant thing is what happened that night, what did zimmerman see trayvon martin do. doesn't matter what he stored in his locker room in miami. >> if it's about the perception that george zimmerman made in an instant, don't all of those things come into the perception

that you may be putting across to someone you come in contact with, meaning if you talk smack, if you wear gold teeth, if you've done these things, what is the likelihood that is how you present yourself to a stranger? >> you know, isn't it fascinating that the prosecution for once is filing a motion to keep out all of these facts that law enforcement uses to make an initial stop of a person all the time. i think it's fascinating you're seeing this role reversal where the same information the prosecution would normally use and want in a case, now got forbid it comes in. let me talk a little bit about marijuana. the marijuana in this case the autopsy said they did trayvon ae's blood and urine and two different tests. urine will show that marijuana is in your system not that you're intoxicated. however, blood only has about a couple of days worth on a blood test. that means that he may have been under the influence of marijuana. if that was a positive blood

test and gave a hot blood test. that is significant and goes to his state of mind. i think that's interesting information that a jury should know. ultimately the judge has a classic what we call a 403 balancing test. the judge has to decide whether the probative value outweighs the prejudicial effect. maybe some of these elements do have probative value, especially the marijuana testing. >> as i see this, with all of these motions in limine, the prosecutors don't want the jury to see that maybe trayvon had behaved in a certain way unbecoming in the past but what is even more bizarre, i'm not sure i've seen this before. you help me out. paul, they also don't want the jury to hear that mr. zimmerman is a bit of a clean guy, that he has no prior felony convictions. really? >> well, sure. because in criminal law, remember, you don't have to take the witness stand in your own defense. fifth amendment says you don't have to testify. you testify because you want to convince the jury i don't have a

prior criminal record. so what prosecutors are saying is, hey, if he wants to -- if that is going to come out, then let it come out with him on the witness stand and not through independent witnesses trying to prove it. >> will they be able to do that? will they likely get that? >> i think he is going to testify in the end any way so i don't think it's that relevant. i think the jury will find out about it because he is going to testify. >> thank you both. we have a verdict finally in the trial of a controversial abortion provider. he was accused of killing babies and performing illegal abortions. the jury throws the proverbial book at him. was it because his attorneys kept him off the stand? we are going to check the strategy and see what is next in the case coming up. and periods that were heavier and longer than usual for me. if you have symptoms that last two weeks or longer, be brave, go to the doctor. ovarian and uterine cancers are gynecologic cancers.

symptoms are not the same for everyone. i got sick...and then i got better. it's the most powerful thing on the planet. love holds us in the beginning. comforts us as we grow old. love is the reason you care. for all the things in your life... that make life worth living. ♪ ♪ sweet love of mine

guilty. guilty and guilty.

that is the verdict over and over that was handed down by a philadelphia jury that heard the evidence in the case of a controversial abortion provider accused of murder. dr. kermit gosnell found guilty of three charges of first-degree murder and one charge of involuntary man clauts and 21 counts of performing late term abortions' in all 237 different crimes he was found guilty of. the next step is the sentencing phase because of the first-degree murder could include the death penalty. joining on the money is sonny hostin who covered the trial from start-to-finish. first up i want to ask you about this sentencing. with all of the gravity of those murder convictions is this jury going to have to go through all of those charges and sentences on all of them, or if they get that top death penalty, does that preclude them from sentencing on anything else?

>> reporter: well, the penalty phase is set to begin in this case next tuesday, ashlee. those are really the issues that the jury will be dealing with, the conviction on the first three -- the first-degree murder count. the convictions on the murdering of baby a, baby c, and baby d and really what this jury is dealing with. yes, he was found guilty of so many other charges and so many other counts, but those three charges, the first-degree murder charges certainly are the capital offenses and that is really where this case is right now. i did get the opportunity to speak with dr. gosnell's defense attorney jack mcmahon and where his focus is squarely at. he is focused on trying to save dr. gosnell's life. >> in that effort like many other capital cases there is more than likely a mitigation specialist working throughout the trial to find out all of the things that could save dr.

gosnell's life should he become convicted. is this where this person is a star part of the process and do you know anything that they have that can mitigate for this doctor? >> reporter: know what is interesting? we never heard about a mitigation specialist in this case and i have to tell you why some high profile cases do have a mitigation specialist, we haven't heard or seen of that in this case. what we have heard is that perhaps, perhaps dr. gosnell may take the witness stand. he did not testify during the guilt phase. it is his right not to do so. the burden is always on the prosecution but his defense attorney jack mcmahon told me yesterday that certainly this is something they are considering and i also have had the opportunity to speak to people just from around dr. gosnell's neighborhood who considered him to be a good person, a good neighbor and good neighborhood doctor and many suspec he may testify on his own behalf. and above all else, ashlee,

let's face it, that, i think, is the person that this jury wants to hear from because the question in everyone's mind is how does this person who is considered a neighborhood doctor a good doctor, turn into what many are describing to be a monster at this point. >> sunny hostin, thank you for that. ahead we will return to cleveland and that house where three women were held against their will for approximately a decade. now we are getting a look at what is in the backyard. you may be surprised to see the evidence that was photographed back there. who's lived well into their 90s. and that's a great thing. but even though we're living longer, one thing that hasn't changed much is the official retirement age. ♪ the question is how do you make sure you have the money you need to enjoy all of these years. ♪

it's been that way to since the day you met.rs. but your erectile dysfunction - it could be a question of blood flow. cialis tadalafil for daily use helps you be ready anytime the moment's right. you can be more confident in your ability to be ready. and the same cialis is the only daily ed tablet approved to treat ed and symptoms of bph like needing to go frequently or urgently. tell your doctor about all your medical conditions and medications, and ask if your heart is healthy enough for sexual activity. do not take cialis if you take nitrates for chest pain, as this may cause an unsafe drop in blood pressure. do not drink alcohol in excess with cialis. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury, seek immediate medical help for an erection lasting more than 4 hours. if you have any sudden decrease or loss in hearing or vision,

or if you have any allergic reactions such as rash, hives, swelling of the lips, tongue or throat, or difficulty breathing or swallowing, stop taking cialis and get medical help right away. ask your doctor about cialis for daily use and a 30-tablet free trial. ♪ the one and only, cheerios

brand-new pictures are giving us an exclusive look into the accused kidnapper aerial castro's backyard. at first glimpse it's just a young yard and y-- junk yard an see barbed wire and fences and tarps keeping the secrets in and keeping the rest of the world out. cnn's pamela brown has this exclusive report. >> reporter: chilling new photos give us a glimpse of aerial castro's backyard taken over the weekend by a neighbor. the backyard referabsembling a yard and most unnerving chains. the neighbor saw hundreds of thick heavy chains in the yard and this mirror hanging on

castro as back door that may have allowed him to see if someone was coming up up his drive and possibly using it to prevent any surprise visitors. finally a pink barbie bicycle fit for a little girl that may have belonged to amanda berry's daughter farthered by craastro. >> and this report. >> just relieved police dispatching reporting that revealed the arrest of aerial castro and we are learning more about him from six different police reports filed about castro since 1989 when he had an argument with his wife and in which he had allegedly quote, slapped her across the face several times, grabbed her and slammed her against the wall. and in 1994, a neighbor claimed castro attempted to hit him with a shovel and threatened that he was going to take care of him. when arguing over a chain link fence. castro remains jail on suicide

precaution being monitored every ten minutes by guards and locked up in solitude and receiving no visitors, no friends, no family, no mail. a life in those respects not unlike what dejesus and berry and her daughter endured for years and knight. >> they have to write down his behavior every ten minutes and we are learning he is exhibiting bizarre behavior like walking around his cell nude and using strings on the mat to floss his teeth. the only visits are from his attorney and right now evidence is being collected in this case. a grand jury will look through all of the evidence and then we are expecting more charges to be filed. >> pamela, he is only a week into incarceration so if he is exuding unusual behavior he has to get real used to it.

pam brown, reporting live for us. thank you for that from cleveland. the family of a star hockey player says it was the nhl that got

i know there are a lot of hockey fans out there glued to their sets last night. but this is not that story. this is a hockey story of a

different ilk. by all accounts derek boogaard was a classic tough guy. during his six seasons playing nhl hockey, he scored three goal, just three. but he had 66 fights. he's what you call an enforcer. but in 2011 at the age of 28 he died from an accidental overdose of pain killers and alcohol. and now his parents are turning their attention to the league, to the national hockey league, and suing the league for not protecting their son. and for giving him all those pain killers in first place. cnn's legal analyst paul callen joins me now. this sounds a lot like what we're seeing in the nfl with the parents of players who have died. is there a similarity? >> there's a similarity, but there's a really interesting difference. because with the nfl players, they're basically saying, hey, you knew they were going to get hit hard and they didn't have adequate helmets to protect themselves. here this guy is an enforcer. the family is saying you hired my son to go in and fight.

instead of breaking up the fight, you encouraged him to fight time after time after time again. >> this is not unusual. this is what you call the goons on the nhl. there are goons on every team. part of the game. >> it's part of the game and people get hurt including this individual. so you know, it's a very different theory from the nfl theory. the family is saying, hey, it's assault. when you tell somebody to go in and seriously hurt somebody else, that's an assault. i think the problem, though is, is it the same as wrestling, is it the same as boxing? there are certain other types of sports where we sanction physical combat. >> what about the aspect that there are team doctors that treat these players and that this particular player according to the parents was prescribed a whole lot of pain killers that he ultimately got hooked on. the family is suggesting, did you this. gout him on the junk in the first place. is that a really hard connection to make when you have an overdose with alcohol and pain killers? >> it's a difficult connection

because you have to show that the addiction was caused essentially by the nhl policies or by the nhl doctors. and they're going to say, hey, we didn't get him on pain killers. he got hooked on that separately. >> or, i'll just throw this other wrench in there. the family says, look, he has cte, the cranioencephalopathy, according to the family that should have indicated to the league that he was maybe more prone toon addiction than say any other player. that he had cte. >> sure. they can make a compelling case there. in the end with this lawsuit, the reason why i say it's different and maybe a better lawsuit than the football lawsuit is because all you have to do is ban the fights. all you have to do is say to the nhl, enforce the rules -- >> never going to happen. >> -- and doesn't let the players fight. you say that because isn't there's a little canada -- >> there's a lot of canada. look behind me at the crew members that watch hockey every day. the little apples and oranges,

ten seconds left, the family had a suit against the players association that was dismissed. that's the association, this is the nhl. will that have any bearing on this particular suit? >> no, because it's the nhl that determines league poll sis. really this issue of sanctioning fights between players. and that's what it all comes down to. >> no matter how you feel about it, it is extraordinarily sad what happened to mr. boogaard and his family, but who knows where the law will come down on this one. paul, thank you for that. hold the phone for a moment, if you will. jodi arias, it's not over, folks. she's going back to court. the next phase of her trial as jurors consider the murder of travis alexander was especially cruel. and if so, whether she should get the death penalty because of it. you. (now arriving: city hospital) which is why we're proud to help connect our students with leading employers across the nation. (next stop: financial center)

let's get to work. we've been bringing people fotogether.5 years today we'd like people to come together on something that concerns all of us...obesity. and as the nations leading beverage company we can play an important role. that includes continually providing more options. giving people easy ways to help make informed choices. and offering portion controlled versions of our most popular drinks. it also means working with our industry to voluntarily change whats offered in schools. but beating obesity will take continued action by all of us. based on one simple common sense fact, all calories count. and if you eat and drink more calories then you burn off you'll gain weight. that goes for coca cola and everything else with calories. finding a solution will take all of us. but at coca cola we know when people come together

good things happen to learn more visit coke.com/comingtogether tens of thousands of dollars in hidden fees on their 401(k)s?! go to e-trade and roll over your old 401(k)s to a new e-trade retirement account. none of them charge annual fees and all of them offer low cost investments. e-trade. less for us. more for you. with the innovating and the transforming and the revolutionizing. it's enough to make you forget that you're flying five hundred miles an hour on a chair that just became a bed. you see, we're doing some changing of our own. ah, we can talk about it later. we're putting the wonder back into air travel,

one innovation at a time. the new american is arriving. jodi arias trial set to resume tomorrow. today we know she's no longer under that suicide protocol, normally known as suicide watch, where she had been placed after saying in a tv interview that was weird in its own right, that she'd rather die than spend the rest of her life in prison. she may, in fact, be sent to death row by the same jury that convicted her last week of first degree murder. i'm going to head back to phoenix to report on this sentencing phase. two parts of it, an aggravation fad phase, then a penalty phase. she may actually take the stand in this one getting under way tomorrow. thanks for watching, everyone. so nice to have you with us. "around the world" t starts now.

welcome to around the world. i'm suzanne malveaux. >> i'm michael holmes. we begin with rising tensions between the u.s. and russia. why? russian security forces detaining an american diplomat in moscow, accusing him of being a spy. >> they say they caught him red handed trying to recruit a member of russia's special services. phil black is in moscow for us. first of all, this american, he's been detained. now he's been released. what exactly was he accused of, and do we know where he is? >> reporter: well, suzanne, this man, ryan fogel, according to the united states, he works in the embassy as the third secretary of their political department. according to the russians, he works for the cia. they say they caught him red handed in an unconvincing blond wig in the process of trying to recruit some of their own or one of their own, russian